Page:United States Statutes at Large Volume 100 Part 5.djvu/240

 100 STAT. 3714

Maritime affairs. Claims.

PUBLIC LAW 99-659—NOV. 14, 1986

States district court for the appropriate district by filing a order and by simultaneously serving a copy of such complaint '' by certified mail on the Secretary, the Attorney General and the appropriate United States Attorney."; '(2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting immediately after subsection (c) a new subsection (d) to read as follows: "(d) IN REM JURISDICTION.—A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 307 shall be liable in rem for any civil penalty assessed for such violation under section 308 and may be proceeded against in any district court of the United States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.". ,,,-,.,,,; SEC. 109. ADMINISTRATIVE FORFEITURES. (a) PROCEDURES.—Section 310 of the Act (16 U.S.C. 1860)
 * complaint in such court within 30 days from the date of such

16 USC 1861.

is

amended— (1) by amending the second sentence of subsection (c) to read .,, as follows: "The provisions of the customs laws relating to— •' "(1) the seizure, forfeiture, and condemnation of property r for violation of the customs law; "(2) the disposition of such property or the proceeds from the sale thereof; and "(3) the remission or mitigation of any such forfeiture; shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, unless such provisions are inconsistent with the purposes, policy, and ' provisions of this Act."; and (2) by adding at the end of subsection (d)(1) the following new sentence: "Nothing in this paragraph may be construed to require the Secretary, except in the Secretary's discretion or pursuant to the order of a court under section 311(d), to release on bond any seized fish or other property or the proceeds from the sale thereof.". (b) JURISDICTION OF COURTS.—Section 311 of the Act (16 U.S.C.

1861) is amended— (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: "(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.—Notwith-

standing any other provision of law, after September 30, 1986, the Secretary or the Secretary of the Treasury may pay from sums received as fines, penalties, or forfeitures of property for violations of any provision of this Act— "(1) the reasonable and necessary costs incurred in providing temporary storage, care, and maintenance of seized fish or other property pending disposition of any civil or criminal proceeding alleging a violation of any provision of this Act with respect to that fish or other property; and "(2) a reward to any person who furnishes information which leads to an arrest, conviction, civil penalty assessment, or forfeiture of property for any violation of any provision of this Act.

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